Brief Fact Summary. Petitioner, a non-resident of Gilmer County, traveled into Gilmer County, West Virginia for the Fourth of July vacation weekend, when he accidentally hit two children with his automobile. Petitioner was incarcerated for reckless driving in Gilmer County and while in jail, he was served with a civil lawsuit regarding the injuries suffered by one of the children. Petitioner filed a plea in abatement in the civil suit claiming that he was immune from process while he was in jail.
Synopsis of Rule of Law. Immunity from process is only effective if one comes into the county pursuant to arrest or other criminal or civil process. If one is actually in the county voluntarily, then he is not immune from process, regardless of the fact that he is subsequently detained and cannot leave the county.
Issue. Does immunity from civil process extend to Petitioner because he could not leave Gilmer County after being arrested even though he initially voluntarily entered Gilmer County?
Held. No. Writ of prohibition denied.
The general rule that non-residents of a county or state charged with a crime in said county or state were immune from process does not extend to individuals who are not compelled to enter said county or state.
The immunity to civil process rule only applies to those non-residents that are compelled to come into the state or county by means of arrest, to testify, to defend themselves, or for some other reason pertaining to another criminal or civil process for which they are involved.
Because Petitioner voluntarily entered Gilmer County at the time he had the accident, he was not here under criminal process and therefore, was not immune from civil process.
A non-resident of West Virginia, who voluntarily and without compulsion of law, submits himself to the jurisdiction of a state court, in answer to an indictment therein against him, and who is not at the time a fugitive from justice, is privileged while attending court from service of process in a civil suit.View Full Point of Law